(A) Every applicant for registration or certification shall provide, at her or his expense, a criminal history record check obtained within 60 days of the date when the applicant submits all the prerequisites for registration or certification. This record check shall be made from information the applicant can access from local, State, and national files in any jurisdiction in which the applicant was subject to conviction. If the applicant is unable to obtain the report from the issuing agency due to the agency's denial of a request for the report, a verified statement listing all the applicant's criminal convictions (to include all crimes appearing in the categories below) shall satisfy this requirement.

(B) The applicant shall provide any additional information regarding any conviction as requested by the Board.

(C) Failure to make full and accurate disclosure shall be grounds for immediate application denial, or other disciplinary action applicable to registration or certification pursuant to G.S. 90-113.44.

(D) Applications with criminal histories from any jurisdictions shall be categorized according to the seriousness of the offense. The category shall be determined by the most serious offense, as defined by North Carolina law.

(E) These categories of crimes (committed as separate incidents) are as follows:

Category I. The following crimes:

Homicide and attempted murder; or

Sexual assault, including but not limited to attempted sexual assault, rape, indecent liberties with a child, molestation, and sexual assault of a child;

Category II. Crimes that primarily result in physical or emotional harm to others, including but not limited to:

Manslaughter;

Kidnapping or attempted kidnapping;

Arson of an occupied dwelling;

Robbery or attempted robbery;

Assault (felony);

Larceny from the person;

One or more felony DWIs;

Burglary; and Sale and delivery violations of the North Carolina Controlled Substances Act resulting in a felony conviction.

Category III. Listed misdemeanors; and felonies that do not primarily result in bodily or emotional harm to others, including:

Any combination of three or more misdemeanors from Category IV shall be reclassified as a Category III offense;

Three or more DWIs; not prosecuted as a felony;

Assault (misdemeanor);

Larceny not from the person;

Financial transaction card theft or fraud;

Unauthorized use of a motor vehicle;

Unlawfully carrying a weapon;

Theft of a vehicle;

Falsification of government documentation (felony); and

Arson of an unoccupied dwelling.

Category IV: Misdemeanors not otherwise listed that do not primarily result in bodily or emotional harm to others including:

Any combination of three or more Category V incidents, except three misdemeanor DWIs shall be reclassified as a Category III offense;

Two DWIs;

Possession of a controlled substance;

Injury or damage to property;

Resisting arrest;

Larceny;

Prostitution;

Criminal mischief;

Driving while license suspended or revoked; and

Falsification of government documents.

Category V. Category V offenses are:

One DWI;

Disorderly conduct; and

Intoxicated and disruptive in public.

(F) The Board shall determine if the conviction is related to the duties and responsibilities of a substance abuse professional. The Board shall consider the following factors:

The nature and seriousness of the crime;

The extent to which a registration or certification might offer an opportunity to engage in further criminal activity of the same type; and

The relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of a substance abuse professional.

(G) If the Board determines that the conviction does not relate to the duties and responsibilities of a substance abuse professional, the Board shall continue to process the registration or certification application.

(H) If the Board determines that the conviction does relate to the duties and responsibilities of a substance abuse professional:

An applicant with a Category I conviction shall have at least 15 years since the applicant has completed all aspects of his or her sentence received as a result of the last Category I conviction to be eligible for registration or certification.

An applicant with a Category II conviction shall have at least 10 years since the applicant has completed all aspects of his or her sentence received as a result of the last Category II conviction to be eligible for registration or certification.

An applicant with a Category III conviction shall have at least five years since the applicant has completed all aspects of his or her sentence received as a result of the last Category III conviction to be eligible for registration or certification.

An applicant with a Category IV conviction shall have at least three years since the applicant has completed all aspects of his or her sentence received as a result of the last Category IV conviction to be eligible for registration or certification.

An applicant with a Category V conviction shall have at least one year since the applicant has completed all aspects of his or her sentence received as a result of the last Category V conviction to be eligible for registration or certification.

(I) If the person's criminal activity is related to a history of chemical dependency, the Board shall also consider the person's efforts and success in achieving and maintaining recovery. Applicants with a history of chemical dependency shall demonstrate evidence of treatment or rehabilitation and at least two years of continuous recovery.

(J) An individual whose application is denied or whose registration is suspended or revoked may request a hearing under the procedure established in Article 5C of Chapter 90 and Chapter 150B of the North Carolina General Statutes and the North Carolina Administrative Code.

History Note: Authority G.S. 90-113.30; 90-113.31; 90-113.33; 90-113.40; 90-113.41A; 90-113.44;
Temporary Adoption Eff. May 15, 2002. Temporary Adoption Eff. July 1, 2002. Eff. April 1, 2003.

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